Brick HR

Section 9A of the Industrial Disputes Act refers to the steps that an employer should take before withdrawing any eligible benefits or altering service conditions of the workmen.    In the case of Jossie V.E v. Flag Officer ,    Employees were paid Overtime Allowances wrongly including HRA, CCA etc .    The management corrected the mistake and reduced the overtime allowances without any notice.     The Kerala High Court, while considering the legality of management’s action, held that  compliance of Section 9A is not required for correcting any mistake that has occurred in payment of salary of employees.

The phrase ‘ordinary rate of wages’ appear in Section 59 of the Factories Act , which require an employer to pay ‘ extra wages for overtime ’ work in a factory.    According to the said section, where a worker works in a factory for more than 9hrs in a day or for more than 48hrs in any week, he shall, in respect of overtime work, be entitled to wages at the rate of twice his ‘ordinary rate of wages’.     The Kerala High Court, in the case of Jossie v. Flag Officer , was confronted with the question of eligible allowances that form part of ‘ordinary rate of wages’.     The court held that ‘ordinary rate of wages’ includes only salary and allowances for the work [like Dearness Allowance (DA)].   It does not include such allowances which are either compensatory in character or incentive in nature. Therefore court held that  House Rent Allowance (HRA),  City Compensatory Allowance (CCA),   Transport...

On 16th September 2015, Labour Department, Govt. of Kerala has issued final notification to amend the Kerala S & CE Rules, 1961. Some of the salient amended provisions are as follows: • Non-renewal of registration before its expiry did not invite any excess fee and now the same would now invite 25% excess fee. ( Rule 2B sub rule 2)  • Application for amendment of registration certificate to be submitted within 7 days of such change. Now it is enough if the same is submitted within one month.(Sec 5A) • The fee for “Nil employees” is increased from Rs.10 to Rs.50.  • Duplication registration fee is increased from Rs.5 to Rs.50  • Cancellation of registration shall be done with the payment (under Sec 5E) of 10% of the total fee applicable under sub rule (1). • Employers of medium and big establishments shall issue appointment letter to employees in Form BC  • ID card shall be issued in Form BD  • Service Certificate shall be issued in Fo...

Kerala tea plantation stir ends | Business Standard News